CHEEK v. LOVE

No. 2009-CA-002296-MR.

346 S.W.3d 300 (2010)

Michelle CHEEK; Therese Garrett; Judy Harmon; Cathy Hubbell; Janie Miller; Dallas Orberson; Harold Ray Orberson; Barbara Sisk; Linda Smothers; Debbie Wren; Michael Lushen Wren; Steven Wayne Wren; and William (Billy) Wren, Appellants, v. Diana LOVE; Elizabeth Ann Perry; Connie S. Tungate; Francis Williams; Alvin Wren, Jr.; William Ray Wren; William G. Fowler, II, Administrator; Kelly Riley; and Larry Dale Orberson, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court September 14, 2011.


Attorney(s) appearing for the Case

Dawn Lynne Spalding , Lebanon, KY, for Appellants.

James L. Avritt, Sr. , Lebanon, KY, for Appellees Diana Love, Elizabeth Ann Perry, Connie S. Tungate, Francis Williams, Alvin Wren, Jr, and William Ray Wren.

Before CLAYTON and LAMBERT, Judges; HENRY, Senior Judge.


OPINION

LAMBERT, Judge:

This appeal arises from a summary judgment entered in a declaration of rights case, wherein the Marion Circuit Court interpreted the following provision contained in the Last Will and Testament of Lushen Wren: "Upon the death of the last of my children, all of my estate shall be sold and divided among my grandchildren, per stirpes." Specifically at issue is the interpretation of "per stirpes" in the sentence and whether the...

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